Attorney is appointed by donor under a LPA for property and affairs. The attorney has seen a copy of the donors will and has had confirmation that the copy is the true copy of the last will from the solicitors who hold the will. In that will the donor leaves 40% of her estate to the attorney. Before the donor lost capacity she asked the attorney to change the will when the donor realised that if the attorney died before her the benefit would pass to the other residuary beneficiaries and not per stirpes. The donor said that this was not her instructions. The solicitors were then coming out to see the donor but unfortunately the donor health deteriorated quickly and she lost capacity.
The attorney wants the will and the notes that went with it to see if this was an error in drafting. The solicitors will not release the will.
Obviously an application can be made to the Court of Protection for the will. I assume that the notes can be requested. The will is over six years old but there was a draft revised will within 6 years which may throw some light on the situation.
Any help would be appreciated.